Other conditions decisions — 2009

The Veteran was awarded a total and permanent disability rating for service-connected disability in June 1996. The claimant filed her application for DEA benefits under Chapter 35 more than eight years after the Veteran received notice of his award, which is not within the eligibility period established by VA regulations.

The Board has remanded the case for a new VA examination to address whether the Veteran's diagnosed polymyositis is related to his service, specifically if it was caused by or aggravated by his service-connected knee arthritis.

The VA reduced the appellant's DEA benefits from $881 per month to $48.21 due to only 3 of her 9 Spring 2008 credit hours applying towards her degree program.

The Board denied service connection for the cause of the Veteran's death, finding that pneumonia and septicemia were not related to service or any service-connected disability.

The Board found no evidence of a skin disability incurred during service or due to ionizing radiation exposure, and denied the claim.

The Board denied the claim that MDS and AML are related to service, thus denying service connection for cause of death.

The VA denied service connection for chest pain and a skin disorder, finding that the evidence did not support these claims.

The Board denied the appellant's claims for service connection for a skin disorder secondary to Agent Orange exposure and an evaluation in excess of 30 percent for PTSD.

The Board denied the appellant's claim of entitlement to service connection for disability of the left hip and left lower extremity, finding that there was clear and unmistakable evidence showing the pre-existing Legg-Calve-Perthes disease existed prior to service.

The Veteran's claim for increased ratings for his postoperative L4-5 herniated nucleus pulposus was denied for the entire appellate period. For the period prior to October 16, 1996, a higher rating is not warranted. For the period from December 1, 1996 to October 14, 1998, a 40 percent disability evaluation is granted. For the period beginning October 15, 1998, a higher rating is not warranted.

The Board has remanded the case for further development due to incomplete medical records and need for a VA examination.

The Board has determined that the Veteran's currently diagnosed skin disability is etiologically related to his military service and grants the claim for service connection.

The Board has determined that the appellant is not the last-named beneficiary of the Veteran's NSLI policies and thus, is not entitled to the proceeds from such policies.

The Veteran's fungal disorder, which primarily affects his feet with occasional involvement of hands and ears, is rated at 30 percent disabling. His liver disorder does not warrant a compensable rating.

The Board has reopened the claims for service connection for curvature of the spine and a deformity of the third toe of the left foot, but denied reopening the claim for right inguinal hernia. The Veteran's hammer toe deformity is not manifested by hammer toes of all digits of the left foot.

The Board found that the Veteran's gastric disorder pre-existed his entry into service and was not aggravated by service. The claim for bronchitis as a result of exposure to herbicides is denied, as bronchitis is not one of the conditions related to herbicide exposure.

The Board has determined that recovery of the overpayment would be against equity and good conscience, thus granting a waiver of recovery for $11,140 in pension benefits.

The Veteran's medical expenses incurred at Lakeland Regional Medical Center from March 22, 2008 to April 11, 2008 are now covered by VA as the treatment was deemed emergency and necessary until the Veteran could be safely transferred to a VA facility.

The Board has determined that the appellant's restrictive lung disease is attributable to service exposure to volatile solvents in his role as a communications technician. Service connection for this condition is granted.

The Veteran's claims for service connection for a liver disorder, hair loss, and insomnia are being remanded due to the need for additional medical examination.